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High Court of Andhra Pradesh · body

2025 DAILYLAW 2303 (AP)

N RAJENDRA PRASAD v. THE STATE OF AP

WP/266/2025 · 2025-02-20

Tarlada Rajasekhar Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 266 OF 2025 Between: N Rajendra Prasad, S/o N. Balamukunda Prasad, aged 63 years, R/o H.No.21-2-15/41,7th Road, SKD Colony, Adoni, Kurnool District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary to Government Panchayat Raj and Rural Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep by its Principal Secretary to Government Finnance Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Commissioner,(PRI), Panchayat Raj and Rural Development Department, Office at Nakkal Road, Suryarao Peta, Vijayawada. 4. The District Collector, (Panchyat Raj Wing), Kurnool, at Kurnool District. 5. The Executive Engineer, PRI Division, Adoni, Kurnool District. 6. NagalapuramGrama Panchayat, Nagalapuram Village, Adoni (M), Kurnool District. 7. Mandal Engineer Officer, MPP, Adoni (M), Kurnool District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction part of the respondents herein not releasing the final bill amount worth of on ~ Rs.3,36,007/- in M.Book No. 5315 A vide Agreement dated 27.01.2024, for which the name of work was Providing CC Road and Drain from K. Veeresh (H) to M. Devendrappa (H) in Nagalapuram (V) of Adoni (M), with interest of execution of completion of GGMP Work under PRI department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.3,36,007/- for execution of completion of GGMP Work under PRI Department as per agreement, to the petitioner forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents releasing the Final Bill amount of Rs.3,36,007/-, for execution of completion of GGMP work under PRI Department as per agreement to the petitioner forthwith, pending disposal of the above writ petition. Counsel for the Petitioner :SRI. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent No’s. 1,3 to 5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No’s. 6 & 7: SRI M SUDHIR, SC FOR ZPPS, MPPS & GRAM PANCHAYAT Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following ORDER: THE HON’BLE SRI JUSTICE TARLADA RAJASEKI;4AR RAO WRIT PETITION No.266 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: " to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the inaction on part of the respondents herein not releasing the final bill amount worth of Rs.3,36,007/- in M.Book No,5315A vide Agreement dated 27,01.2024, for which the name of work was “Providing CC Road & Drain from K.Veeresh (H) to M.Devendrappa (H) in Nagalapuram (V) of Adoni (M)”, with interest of execution of completion of GGMP Work under PRI department as per agreement, to the petitioner till today and causing heavy loss with interest even though total work was completed as per the agreement as illegal, arbitrary and violative of Article 14, 16 & 21 of the Constitution of India and consequentially to direct the respondents releasing the final bills of total amount worth of Rs.3,36,007/- for execution of completion of GGMP Work under PRI Department as per‘agreement, to the petitioner forthwith, and pass such other order or orders " Precisely, the Writ Petition is filed for non-payment of bills for the work executed by the petitioner. 2. Learned Government Pleader for Panchayat Raj and Rural Development furnished a letter addressed by the Executive Engineer, PRI Division, Adoni, to the office of the Government Pleader for Panchayat Raj and Rural Development, High Court of Andhra Pradesh, vide Lr.No.A2/Court Cases/2024, dated 09.01.2025, wNch shall form part of the record. 3. 2 / 4. As seen from the remarks column of aforesaid proceedings, it transpires that the petitioner filed the present Writ Petition without awaiting scrutiny of bill raised, and further elucidates that a letter addressed to the ENC, PR, Vijayawada, through 19 H form for release of grant. Eventually, it is stated that when the amount is released by the competent authority, payment will be arranged to the petitioner. The respondents are not disputing the execution of the work done by the petitioner and the amount due to the petitioner herein. 5. As the respondehts are not disputing the execution of the work done by the petitioner and the amount due to the petitioner herein, this Court is inclined to disposed of the Writ Petition with a direction to the respondents to pay the admitted amount of Rs.2,86,727/- to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order, failing which the petitioner is entitled to interest at 9% per annum from the date of this order till the date of realization. For the due amount, the petitioner is entitled to negotiate with the respondents. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 5. As a sequel thereto. Interlocutory Applications pending, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR ft^^^lCER //TRUE COPY// SEC To, 1. The Principal Secretary to Government Panchayat Raj and Rural Development Department,State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary to Government Finnance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. s 3. The Commissioner,(PRI), Panchayat Raj and Rural Development Department, Office at Nakkal Road, Suryarao Peta, Vijayawada. 4. The District Collector, (Panchyat Raj Wing), Kurnool, at Kurnool District. 5. The Executive Engineer, PRI Division, Adoni, Kurnool District. 6. The Nagalapuram Grama Panchayat, Nagalapuram Village, Adoni (M), Kurnool District. 7. The Mandal Engineer Officer, MPP, Adoni (M), Kurnool District. 8. One CC to SRI. KOMMA VIJAYA RAJ KUMAR, Advocate [OPUC] 9. One CC to SRI M SUDHIR, SC FOR ZPPS, MPPS & GRAM PANCHAYAT [OPUC] Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR FINANCE & PLANNING, High Court Of Andhra Pradesh. [OUT] Three CD Copies 10. 11. 12. PRK / HIGH COURT DATED:20/02/2025 ORDER WP.No.266 of 2025 OF AND^ O 0 7 MAR 2025 ^ Currant Section A' DISPOSING OF THE W.P. WITHOUT COSTS